There are many forms of land use, basically there are two main groups: receiving land use rights from the State and receiving land use rights from other land users. Forms of receiving land use rights by the State include being allocated land by the State, leasing land, changing land use purposes and having land use rights recognized by the State. However, the transfer of a part of land use rights is not so easy. So about the matter “Procedure for partial transfer of land use rights in Vietnam” Let’s find out with LSX in the article below.
- Land Law 2013
- Decree 43/2014/ND-CP
What are the conditions for transferring part of the land use right?
Pursuant to the provisions of Article 188 of the Land Law 2013 as follows:
– Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; contribute capital with land use rights when the following conditions are met:
• Having a Certificate, except for the case specified in Clause 3, Article 186 and the case of inheritance specified in Clause 1, Article 168 of this Law;
• Undisputed land;
• Land use rights are not distrained to secure judgment enforcement;
• During the land use period.
– The exchange, transfer, lease, sub-lease, inheritance, donation, mortgage of land use rights, capital contribution with land use rights must be registered at the land registration agency and take effect from the date of registration. from the time of registration in the cadastral book.
Does the contract for the transfer of part of the land use right need to be notarized?
According to the provisions of Clause 3, Article 167 of the 2013 Land Law, the following provisions are made:
– The notarization and authentication of contracts and documents on the exercise of rights of land users shall be carried out as follows:
• Contracts on transfer, donation, mortgage or capital contribution with land use rights, land use rights and land-attached assets must be notarized or authenticated, except for the case of real estate business specified in Clause 2 of this Article. point b of this clause;
• Contracts for lease, sublease of land use rights, land use rights and land-attached assets, contracts for conversion of agricultural land use rights; a notarized contract for the transfer of land use rights, land use rights and assets attached to land, properties attached to land, which one party or the parties to the transaction is a real estate business organization. or authenticate at the request of the parties;
• Documents on inheritance of land use rights, land use rights and properties attached to land notarized or authenticated according to the provisions of civil law;
• The notarization is carried out at notarial practice organizations, the authentication is done at the commune-level People’s Committee.
Thus, the contract for partial transfer of land use rights must be notarized or authenticated.
Procedures for division of plots before transferring part of land use rights
According to the provisions of Article 75 of Decree 43/2014/ND-CP as follows:
– The land user submits 01 set of application for the division of the parcel or the consolidation of the parcel.
– The land registration office is responsible for performing the following tasks:
• Cadastral survey to separate land parcels;
• Make a dossier and submit it to the competent authority for granting a certificate of land use rights and ownership of houses and other land-attached assets to land users for newly split or consolidated land parcels;
• Edit and update changes in cadastral records and land databases; handing over certificates of land use rights and ownership of houses and other land-attached assets to the grantees or sending them to the commune-level People’s Committees for handing over in the case of filing at the commune-level.
– In case of division of a plot due to the transfer of the use right of a part of the land parcel or due to the settlement of disputes, complaints, denunciations, land auctions or due to the separation of households or groups of land users; Due to the handling of contracts on mortgage, capital contribution, distraint and auction of land use rights for judgment enforcement (hereinafter referred to as right transfer), the land registration office shall perform the following tasks:
• Take cadastral measurements to split the land plot and transfer the Measurement Extract of the newly split land plot to the land user to sign contracts and transaction documents on the right to use a part of the newly split land parcel;
• Carry out the procedures for registration of changes in accordance with the provisions of this Decree for the area of transfer of rights; concurrently certify the change in the issued Certificate or submit it to the competent authority for issuance of the Certificate of land use rights and ownership of houses and other land-attached assets for the remaining area of the parcel. Non-transferable land; to correct and update changes in cadastral records and land databases; handing over to land users or sending them to the commune-level People’s Committees for handover in the case of filing at the commune level.
– In case the land parcel is split due to the State’s recovery of part of the land parcel, the natural resources and environment agency is responsible for directing the land registration office based on the recovery decision of the competent state agency to implement the following procedures: following work:
• Measurement and correction of cadastral maps, cadastral records and land databases;
• Confirm changes to the issued Certificate and give it to the land user or send it to the People’s Committee of commune for handing in case of filing at the commune level.
Note: The part of the land separated from the plot must have enough minimum area.
Procedure for partial transfer of land use rights in Vietnam
Stage 1: Separation of plots before transferring part of land use rights
Apply according to the content mentioned above and according to the provisions of Article 75 of Decree 43/2014/ND-CP.
Stage 2: Transfer of a part of land use rights after the parcel is split
Step 1: The transferor and the transferee sign a contract for the transfer of land use rights.
Step 2: Submit the application at the Land Use Right Registration Office under the Department of Natural Resources and Environment in the locality where the land is located.
– The land user shall submit 01 set of application file for the exercise of the rights of the land user and the owner of assets attached to the land.
In case of exercising the rights of the land user to a part of the land parcel, the land user shall request the land registration office to take measurements and separate the parcel of land for the area in which the rights of the land user must be exercised first when submitting dossiers to exercise the rights of land users.
– The land registration office is responsible for checking the dossier, and if it is eligible to exercise the rights as prescribed, it shall perform the following tasks:
• Send cadastral information to tax authorities to determine and notify collection of financial obligations in case financial obligations must be fulfilled as prescribed;
• Confirm the content of changes in the issued Certificate in accordance with regulations of the Ministry of Natural Resources and Environment.
In case a certificate of land use rights and ownership of houses and other land-attached assets is required, a dossier shall be made and submitted to a competent agency for granting a Certificate of land use right and house ownership. other properties attached to land for land users;
• Edit and update changes in cadastral records and land databases; hand over the certificate to the land user or send it to the commune-level People’s Committee for handing in case the application is submitted at the commune level.
Specific cases are specified in Article 79 of Decree 43/2014/ND-CP.
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Frequently asked questions
Personal income tax: Tax payable equal to 2% of the transfer value.
Registration fee: The registration fee must be paid at 0.5% of the transfer value.
Cadastral fees: To be decided by the Provincial People’s Council.
According to the provisions of point c, Clause 1, Article 179 of the 2013 land law on rights and obligations of households and individuals using land, households and individuals using land may transfer land use rights in accordance with the provisions of this Law. law.
According to this provision, individuals will have the right to transfer the land use right in accordance with the law and the transfer must be made by the person who has the lawful use of that land in accordance with the law. transferred to another entity or authorized by the person with the lawful use right to a third party to perform the transaction.
The time to carry out the procedure for splitting the parcel before transferring a part of the use right does not exceed 15 days.